POSSESSION OF CAR

Press, Volume LXXXV, Issue 25736, 23 February 1949, Page 2

POSSESSION OF CAR

JUDGMENT FOR PLAINTIFF GIVEN “If this is a customary method of backyard dealing in second-hand cars, I can only say that dealers who adopt such methods do so at their own risk,” said Mr F. F. Reid, S.M., in the Magistrate’s Court yesterday flfbming when giving a reserved decision in favour of the plaintiff, Leonard Arthur McEntee, a bootmaker, against Gordon Webb Hazeldine, a motor dealer (Mr E. B. E. Taylor), in a defended civil action. , t At the hearing of the action last November, plaintiff claimed possession of a sedan motor-car, or £l2O, the value of the car, from Hazeldine. and also claimed the sum of £2O as damages for the detention of the car by the defendant from October 31 .until the date of the plaint. McEntee said that he had not authorised his wife to sell the car, and he had not signed any transfer of ownership forms. "In this case the defendant could very easily have taken some steps to verify the wife’s authority, but, even when he was informed within 48 hours that she had no such authority, he still proceeded to deal with the car as jf he had an absolute right to do so,” said the Magistrate. Plains tiff was given judgment for the value of the car fixed at £lOO. and a sum of £lO general damages, with Court costs and solicitors’ fees.